Chaneshwar Ram @ Chandeshwar Ram vs The State Of Bihar
2021 Latest Caselaw 852 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.31638 of 2020
         Arising Out of PS. Case No.-236 Year-2019 Thana- SISWAN District- Siwan
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Chaneshwar Ram @ Chandeshwar Ram, aged about 50 years, (Male) S/O Motha Ram @ Modha Ram, Resident of Village - Ghurghat, P.S.- Siwan, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

  For the Petitioner/s    :        Mr. Rajneesh, Advocate
  For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Rajneesh, learned counsel for the

petitioner and Mr. Md. Arif, learned In-charge Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Siswan (Chainpur OP) PS Case No.236 of 2019 dated

03.12.2019, instituted under Sections 420, 465, 467, 468, 471,

120-B of the Indian Penal Code.

4. The allegation against the petitioner is that he was

the illegal clerk and agent for the Revenue Karamchari and was

instrumental in creating forged settlement order in favour of the

other co-accused and issuing rent receipts to them.

5. Learned counsel for the petitioner submitted that Patna High Court CR. MISC. No.31638 of 2020 dt.11-02-2021

there is no direct link with him as he is not an employee of the

authorities and has no connection with the dispute. It was

submitted that it is between other co-accused as they had

interest and authority in the matter. Learned counsel submitted

that even the records, which are said to have been created and

relied upon, are not in the custody of the petitioner and, thus, he

is not liable for any interpolation or forgery committed in the

same. Learned counsel submitted that other co-accused have

been granted anticipatory bail by the Court below, though no

details have been brought on record with regard to the same.

6. Learned APP submitted that the petitioner cannot

be said to be innocent as he is the main person, who is said to be

the agent of the Revenue Karamchari and, thus, it was he, who

used to do the dirty works. Learned APP submitted that the

petitioner was party to the falsification of records where based

on interpolation made on the so-called order of the Circle

Officer in which the prayer for mutation of other co-accused had

been rejected, the same was shown as having been allowed and

thereafter receipts were issued in favour of the other co-accused.

Learned counsel submitted that the matter is worse as the

allegation is that he, without any authority, was doing the work

of the Revenue Karamchari and, thus, it is obvious that he had Patna High Court CR. MISC. No.31638 of 2020 dt.11-02-2021

major role acting as agent for consideration and further, that

without any official power or authority he was acting in the

matter and playing with the public records and committing

illegalities without any control or accountability.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T